Neighbor harrasses my realtor

[kfowler57]

What is the name of your state?What is the name of your state?What is the name of your state? Missouri

In a nutshell, there used to be an easement on my property that the next door neighbor used. He had to return it to me via quit claim deed as a result of a failed lawsuit on his part to take the property from me. This was all handled by lawyers and the quit claim deed filed at the courthouse and all was well.

That neighbor moved away and somehow the new neighbor got the idea he still had an easement. I told him many times it was returned but he apparently didn't believe me, although he never acknowledged that to me.

Now my house is up for sale and my realtor has informed me that he comes over when he sees people looking at it and starts telling them about an easement that he has. I've checked with the courthouse, there is no easement, it has been gone for five years. I cannot tell you why this neighbor won't accept that, he won't discuss it with me. He also refused to check with the courthouse.

I need to make this guy stop coming over and telling my lookers things about the house that aren't true. I've thought about telling him I'd file a restraining order against him to keep him off my property or talking to lookers. Would that be appropriate for something like this? The realtors say he's scaring people off who may have made offers.

Thanks!!

 

[PghREA]

Have an attorney write a letter to the neighbor explaining the things really are.

 

[ms.magoo]

Neighbour harrasses my realtor

I'd also get that attorney to send him all the pertinent court documents showing the guy that this easement has been distinguished. The guy cannot claim something that is no longer there. Sorry, but that guy is a idiot stick, lol.

 

[nextwife]

Keep copies of the RECORDED quit claim handy. If he brings it up, the realtor can simply hand the prospect (and neighbor) a copy of the document and suggect they move on to look at a different part of the house.

 

[jnazareno]

maybe the last neighbor told them that they still have an easement ?
if that's the case, maybe they need an attorney to look at the contract they had when they bought the home.

 

[new owner]

Can I ask you a question? Did you have to get a lawyer when your neighbor tried to "take your property"? My neighbor has a driveway easement but is going to try to claim adverse possession on the property beside the driveway because she has used this for parking the last three years.

 

[kfowler57]

Yes I did. I'm in Missouri and here it takes 10 years before someone can take your property and then it's not really cut and dry. They have to be using it without your permission. It's like rewarding a tresspasser in my opinion.

My neighbor actually had an ingress/egress easement from the previous owner of my house but it wasn't surveyed and I discovered it was not on the driveway, (where they had been driving). Normally, I wouldn't have cared but these were not nice people so I simply blocked their "short cut". That's when they filed a lawsuit claiming I had abandoned my property and it should be awarded to them, via adverse possession I lived full time on the property and had actually talked to their lawyer on the phone so their argument would not hold up in court in my case. That's when they decided to move and had to settle their law suit, which is how my new neighbor got confused about whether he had an esement or not. I made the first neighbor surrender it but he apparently didn't mention it to his buyer.

Good luck. It can be a terrible, stressful situation but I don't think 3 years is long enough to claim adverse possesion in any state, I've heard 5 years in some. If you have to, block them from using it and find a real estate lawyer. Loss of your property is too devastating to not fight it correctly.

Kathy